No building or structure shall hereafter be erected nor shall
any existing building or structure be moved, structurally altered,
rebuilt, added to or enlarged nor shall any land be designated or
used for any purpose other than those included among the uses listed
as permitted uses in each district by this chapter; nor shall any
space contiguous to any building be encroached upon or reduced in
any manner, except in conformity to the area and yard, projection,
minimum size, height, off-street parking, accessory use and building,
fence and other such regulations set forth in this chapter for the
district in which such building or space is located.
Prohibited uses in all districts:
A.
All classes
of cannabis establishments, cannabis distributors or cannabis delivery
services referred to as Class 1, Class 2, Class 3, Class 4 and Class
6 businesses in the statute, as said terms are defined in section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service.
[Added 6-14-2021 by Ord. No. 21-06]
No yard or other space provided about any building or structure
for the purpose of complying with this chapter shall be considered
as a yard or other open space for another building or structure.
Within a triangular area which extends a distance of twenty
(20) feet from the point of intersection of the curblines of two (2)
streets, no fence or wall shall be erected and no hedge or shrub shall
be maintained more than two and one-half (2 1/2) feet above the
mean curb level, except that shade trees trimmed up to a distance
of ten (10) feet as measured from the ground shall be permitted hereunder.
[Added 9-28-1998; amended 2-26-2001 by Ord. No. 01-03; 8-10-2009 by Ord. No. 09-11]
A.
Purpose. This section is intended to provide regulations, standards
and procedures for the use, dimensions and placement of antennas within
the Borough of Merchantville. The purpose of this provision is to
promote the public health, safety, welfare, aesthetics and maintenance
of a desirable visual environment as that term is used in N.J.S.A.
40:55D-2(i). The right of a private property owner to use an antenna
is recognized subject to the terms and conditions of this section.
The regulations imposed by this section are intended to permit such
use in harmony with the intent and purpose of the Borough's Zoning
Code and Master Plan and the FCC objective to promote interstate satellite
recovered communications.
B.
Use. Antenna, including structural supports, shall be permitted as
an accessory use provided that the antenna conforms to the requirements
of this section. An antenna is permitted as an accessory use only
on a lot that contains a principal structure.
C.
Definitions. For the purposes of this section the term "antenna"
shall mean any and all satellite dish antennas along with any antenna
designed for the reception of television and/or radio signals. Such
definition expressly excepts antennas utilized in conjunction with
the reception and/or transmission of cellular telephonic signals.
D.
Permits and approvals.
(1)
A building permit shall be required for the installation of any antenna
having a diameter greater than thirty-nine and thirty-seven one hundredths
(39.37) inches or which does not comply with the requirements of this
section.
(2)
Submission procedures. For any antenna which requires a building permit pursuant to Subsection D(1), a property owner shall submit an application and a plan to the Construction Official. The application and plan shall include the following information:
(a)
The location of the proposed antenna;
(b)
Engineering drawings of the proposed antenna demonstrating its
method of support and its foundations;
(c)
The method of installation;
(d)
The materials to be used;
(e)
The height and diameter of the antenna and related structures;
(f)
The location of all existing buildings and structures and all
accessory buildings or structures on the lot, if any;
(g)
All existing and proposed plantings and/or fencing intended
to provide screening;
(h)
The lot and block number(s) of the lot(s) from the Borough of
Tax Map, and the length and bearings of the lot lines of the property
in question;
(i)
Any and all information deemed necessary by the zoning/construction
official to meet any other requirements of this section not listed
above.
E.
Design standards. Antennas, as accessory uses, shall be permitted
as follows:
(1)
Antennas having a diameter not more than thirty-nine and thirty-seven
one hundredths (39.37) inches (small antenna):
(a)
May be located in any zoning district;
(b)
Must be installed in a location where such small antennas shall
not be visible from the right-of-way provided such location does not
prevent the reception of an acceptable quality signal or impose unreasonable
expense or delay.
(c)
May be roof-mounted, building-mounted or ground-mounted;
(d)
If roof-mounted or building-mounted, the antenna may not project
more than three (3) feet above peak of a roof in the case of a peaked
roof or more than three (3) feet above the flat roof line in the case
of a flat roof;
(e)
If roof-mounted on a peaked roof or if building-mounted, the
antenna shall be mounted on a roof or wall surface which faces a rear
or side yard and if roof-mounted on a flat roof, the satellite dish
antenna shall be mounted on the center of the roof structure;
(f)
If roof-mounted, building-mounted or ground mounted, the antenna
shall not be visible from the public right-of-way;
(g)
If ground-mounted, may be placed on a pole, and;
(h)
If ground-mounted, must be set back from rear and side property
lines at least: (i) six (6) feet, or (ii) the height from the ground
to the highest point of the antenna, whichever distance is greater.
(2)
Antennas having a dish diameter greater than thirty-nine and thirty-seven
one hundredths (39.37) inches, but not more than two (2) meters or
seventy-eight and seventy-four one hundredths (78.74) inches (large
dishes):
(a)
May be located in any zoning district in which commercial or
industrial uses are permitted;
(b)
Must be ground-mounted only and located in the rear or side
yard;
(c)
May not be visible from the public right-of-way;
(d)
May not be located in any required buffer area;
(e)
Must be set back from rear and side property lines at least
(i) six (6) feet or (ii) the height from the ground to the highest
point of the antenna whichever distance is greater;
(f)
May not be pole-mounted; and
(g)
In the case of a satellite dish antenna, must be erected so
that the bottom of the antenna is no more than thirteen (13) inches
above the ground.
(3)
Antennas utilized for the noncommercial transmission and reception
of radio signals shall be permitted as an accessory structure provided
any structure erected to accommodate such antenna shall be the minimum
height necessary to enable the successful transmission and/or reception
of radio signals but in no event shall such structure exceed the height
of the principal structure to which such use is accessory.
(5)
In the event of an assertion that any limitation contained herein
results in the prevention of the reception of an acceptable quality
signal or imposes unreasonable expense or delay on the applicant,
it shall be the applicant's burden of proof to establish such assertion
to the satisfaction of the Board.
(6)
Prohibited diameter. Any antenna having a dish diameter greater than
two (2) meters or seventy-eight and seventy-four one hundredths (78.74)
inches is prohibited.
(7)
Exception to design standards. The design standards shall not apply
to any public law enforcement apparatus, public safety apparatus or
installations mounted within a fully enclosed principal building.
(8)
Screening. To the extent feasible given the locational requirements
of receiving antennas, any ground-mounted antenna shall be screened
so that it is not visible from an adjacent residential property at
ground level. Screening may be by use of opaque fencing, or shrubbery,
or both.
(9)
Foundations. Any ground-mounted antenna shall be erected on a secure
ground-mounted foundation.
(10)
Construction. All antennas shall be constructed to withstand wind
velocities of at least one hundred (100) m.p.h. and are subject to
any additional construction requirements imposed under the New Jersey
Uniform Construction Code.
(11)
Reception. Antennas shall be placed in such a manner so that they
do not interfere with the reception of neighboring properties.
(12)
Any connection, whether electrical or otherwise, from an antenna
to the principal building or structure shall be by underground cable.
(13)
Any antenna shall be used only by the occupants or residents of the
principal building or structure on the subject premises. No connection
shall be permitted, whether electrical or otherwise, to adjacent properties.
F.
Number. In the case of satellite dish antennas the following shall
apply:
(1)
Residential districts. There may be one (1) small dish for each dwelling
unit on a lot. In addition to the permitted small dishes, there may
be no more than one (1) large dish for each building on a residential
lot.
(2)
Business districts. There may be one (1) small dish for each business
use on a lot. In addition to the permitted small dishes, there may
be no more than one (1) large dish for each building on a lot.
The fire zones are hereby established to include all sections of the borough within the business districts and shall comply with all the regulations as set forth in Chapter 29 of the Code of the Borough of Merchantville.
A.
The height limitations of this chapter do not apply to any roof-mounted
flagpole, mast, monument, standpipe, amateur radio tower, belfry,
elevator bulkhead, chimney flue, church spire, clock tower, scenery
loft, stage tower, television antenna, water tank or similar appurtenances
usually carried above roof level; provided, however, that in no event
shall such appurtenance exceed sixty (60) feet in height from curb
level, and in no event shall the aggregate horizontal base area of
such appurtenance(s) exceed twenty-five percent (25%) of the roof
area.
B.
No ground-mounted flagpole, mast, monument, standpipe, amateur radio
tower, television antenna or similar appurtenance shall exceed the
height limitations imposed for the particular district in which said
appurtenance is to be constructed or erected.
C.
[Repealed 2-26-2000 by Ord. No. 01-03]
No building, structure, lot or parcel of land shall be used
for any trade, business or purpose which is or may be reasonably expected
to be noxious or offensive by reason of causing or emitting dust,
gas, garbage, odor, refuse matter, smoke, vapor or noise, including
the housing of internal-combustion engines or machinery, air-conditioning
units, exhaust fans and heat exchangers, unless the objectionable
noise, gases and vibrations are eliminated.
[Amended 5-12-2003 by Ord. No. 03-06; 5-8-2006 by Ord. No. 06-04; 7-11-2011 by Ord. No. 11-06]
A.
General. Fences or walls, except a wall of a building, shall only
be erected in the rear and side yard, shall not exceed four (4) feet
in height and shall not project beyond the front building line except
as otherwise set forth herein. Barbed wire or similar material shall
not be used in the erection or maintenance of a fence. An "ornamental
iron fence", defined as a fence comprised of wrought iron or material
such as aluminum, to resemble wrought iron, having multi-finished
surface, and being black, having pickets, posts and gates, shall be
permitted in the rear and side yard of a property. An ornamental iron
fence shall also be permitted in the front yard (as defined, a corner
lot will have two (2) front yards) of a building, being it residential
or business, in accordance with the terms and conditions set forth
immediately hereafter.
B.
Ornamental iron fence — front yard. An ornamental iron fence — front yard is a fence comprised of wrought iron or material such as aluminum, to resemble wrought iron, having a multi-finished surface, and being black, having pickets, posts and gates shall be no higher than thirty-six (36) inches, at any point, and not less than thirty (30) inches in height, and at least seventy-five (75%) percent open as to the fence and any shrubbery, tree, ornamentation or other features that will hinder visibility through the fence. Plastic, vinyl, wood or wire, are not acceptable materials for an ornamental iron fence. An ornamental iron fence shall not be located in any public right-of-way, and may be located in a residential or business district and may be installed in the front yard of a property, as defined in this chapter, Section 94-5, providing that it complies with the requirements of this section, including but not limited to the requirements of Section 94-8. An ornamental iron fence located on a corner lot, or within fifteen (15) feet of a driveway, intersecting a public walkway, street or right of way, shall be compliant with the above requirements. Attached to this section is a sample of three (3) ornamental iron fences, which are acceptable in accordance with the terms of this section. Using reasonable judgment the Zoning Officer of the Borough of Merchantville may approve an ornamental iron fence, if it is similar to the samples referred to above.[1]
[1]
Editor's Note: Samples may be found in the office of the Zoning
Officer.
C.
Ornamental iron fence — rear yard. An ornamental iron fence - rear yard shall be no higher than sixty (60) inches at any point. Plastic, vinyl, wood or wire are not acceptable materials for an ornamental iron fence — rear yard. An ornamental iron fence — rear yard may be installed in the rear yard of a property, as defined in this chapter, Section 94-5 "Terms Defined", "Yard, Rear", providing that it complies with the requirements of this section. Attached to this section is a sample of three ornamental iron fences, which are acceptable in accordance with the terms of this section. Using reasonable judgment the Zoning Officer of the Borough of Merchantville may approve an ornamental iron fence-rear yard, if it is similar to the samples referred to above.[2]
[2]
Editor's Note: Samples may be found in the office of the Zoning
Officer.
D.
Pools. Swimming pools and wading pools, as defined and otherwise regulated in Chapter 75, Swimming Pools, of the Code of the Borough of Merchantville, shall be fully enclosed with fencing a minimum of five (5) feet and a maximum of six (6) feet in height. Fencing erected to enclose a swimming pool or wading pool shall only be erected in the rear and side yard and shall not project beyond the front building line. Swimming pools or wading pools, shall conform in all other respects with the provisions set forth for each residential zoning district as specifically found in Section 94-22A(4), Section 94-28A(4) and Section 94-31A(4).
Outdoor displays of items to be sold on the premises shall be
permitted only if shown on an approved site plan.
No barn, building or structure of a temporary nature or garage,
house trailer, camper, outbuilding, shack or tent shall be used, either
temporarily or permanently, for living or sleeping purposes in any
district.
[Added 2-9-2004 by Ord.
No. 04-01; Amended 5-10-2004 by Ord. No. 04-08]
A.
The parking, storage and/or use of commercial-type truck bodies,
intermodal containers or trailers, which shall include any truck body
commonly used for the haulage of goods and materials, whether or not
such truck body, intermodal container or trailer remains on wheels
or is affixed to a foundation, is prohibited in the Borough of Merchantville,
unless said truck body, intermodal container or trailer is installed
on a permanent foundation upon the issuance of a valid building permit
and zoning permit in accordance with the provisions of the Uniform
Construction Code and the Merchantville Borough Land Use Code. This
prohibition shall not apply to the loading or unloading of said truck
bodies, intermodal containers or trailers on industrial or commercial
sites when said units are properly licensed under the motor vehicle
laws of its state of origin.
B.
Any truck body, intermodal container or trailer currently existing
upon private property upon adoption of this section which otherwise
violates the provisions of this section shall not be considered a
violation of the provisions of this section until four months following
the effective date of this section, after which time any such use
shall be considered a violation. It is the intention of this section
to give all property owners sufficient time to remove any truck body,
intermodal container or trailer before being in violation of the terms
of this section.
[Added 1-26-2009 by Ord.
No. 09-03; amended 1-11-2010 by Ord. No. 09-19]
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of ten (10) days from the date of its
delivery.
B.
Outside storage of firewood; generally.
(1)
The firewood shall be cut/split, prepared for use, and stored
in neat, secure stacks. The firewood shall be neatly stacked, and
may not be stacked closer than three (3) feet to any lot line. The
firewood as stacked shall be not higher than four (4) feet from grade,
except when the firewood is stacked within five (5) feet of a fence,
where firewood can be stacked as high as the adjacent fence. Fences
as used in this section shall not include hedges and other vegetation.
The firewood shall be stored a minimum of eight (8) inches off the
ground and on a well supported, non-rotting base.
(2)
There shall be no more than two (2) cords of wood stored at
any time, and no more than one-fourth (1/4) of a fireplace cord shall
be stored on a porch of a residential structure.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of within ten (10) days and shall not
be allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting
disease to healthy trees and woodpiles that harbor or are infested
or inhabited by rats or other vermin are public nuisances and may
be abated pursuant to the provisions of this Code.
E.
Firewood may be stored upon a residential property solely for use
on the premises and not for resale.
A.
Windowsills, belt courses and other ornamental features shall not
project more than six (6) inches into the required front, side or
rear yard.
B.
Cornices, eaves, gutters or chimneys shall not project more than
two (2) feet into the required front, side or rear yard.
C.
Ground floor entrance steps and turf terraces, when open to the sky,
may project into the front, side or rear yard. Handicapped ramps,
when open to the sky and meeting the standards of the New Jersey Uniform
Construction Code, shall be permitted to project into front, side
or rear yards but only to the extent necessary to meet the functional
requirements of such a ramp, and further that such a ramp shall not
be located within three (3) feet of any front, side or rear lot line.
D.
An open or enclosed outside stairway or fire escape leading to a
floor above the ground shall not project more than four (4) feet into
and only into the required rear yard.
E.
A patio or deck shall be included as part of the building for purposes
of calculating front, rear and side yard clearances.
